EXECUTIVE SUMMARY - ENFORCEMENT MATTER Page 1 of 2 DOCKET NO.: 2005-1241-PST-E TCEQ ID NO.: RN100925064 CASE NO.: 26186 RESPONDENT NAME: MOHAMED AHMED AL BATAINEH DBA HARVEST FOOD STORE ORDER TYPE: 1660 AGREED ORDER FINDINGS AGREED ORDER FINDINGS ORDER FOLLOWING SOAH HEARING X FINDINGS DEFAULT ORDER _SHUTDOWN ORDER _IMMINENT AND SUBSTANTIAL ENDANGERMENT ORDER _AMENDED ORDER _EMERGENCY ORDER CASE TYPE: -AIR -MULTI-MEDIA (check all that apply) -INDUSTRIAL AND HAZARDOUS WASTE PUBLIC WATER SUPPLY X PETROLEUM STORAGE TANKS OCCUPATIONAL CERTIFICATION _WATER QUALITY _SEWAGE SLUDGE -UNDERGROUND INJECTION CONTROL -MUNICIPAL SOLID WASTE _RADIOACTIVE WASTE _ DRY CLEANER REGISTRATION SITE WHERE VIOLATION(S) OCCURRED: 4626 Yale Street, Houston, Harris County TYPE OF OPERATION: Convenience store with retail sales of gasoline SMALL BUSINESS: X Yes No OTHER SIGNIFICANT MATTERS: There are no complaints. There are no other pending enforcement actions regarding this facility. INTERESTED PARTIES: No one other than the ED and the Respondent has expressed an interest in this matter. COMMENTS RECEIVED: The Texas Register comment period expired on February 25, 2008. No comments were received. CONTACTS AND MAILING LIST: TCEQ Attorney: Mr. Gary K. Shiu, Litigation Division, MC R-12, (713) 422-8916 TCEQ Enforcement Coordinator: Mr. Terry Murphy, Air Enforcement Section, MC 149, (512) 239-5025 TCEQ Regional Contact: Ms. Nicole Bealle, Houston Regional Office, MC R-12, (713) 767-3623 Respondent: Mr. Mohamed Ahmed Al Bataineh, Owner, Harvest Food Store, 11842 Stone Bridge, Houston, Texas 77064 Respondent's Attorney: Not represented by counsel.
Transcript
EXECUTIVE SUMMARY - ENFORCEMENT MATTER
Page 1 of 2DOCKET NO.: 2005-1241-PST-E TCEQ ID NO.: RN100925064 CASE NO.: 26186
RESPONDENT NAME: MOHAMED AHMED AL BATAINEH DBA HARVEST FOOD STORE
ORDER TYPE:
1660 AGREED ORDER FINDINGS AGREED ORDER FINDINGS ORDER FOLLOWINGSOAH HEARING
X FINDINGS DEFAULT ORDER _SHUTDOWN ORDER _IMMINENT AND SUBSTANTIALENDANGERMENT ORDER
_AMENDED ORDER _EMERGENCY ORDER
CASE TYPE:
-AIR -MULTI-MEDIA (check all that apply) -INDUSTRIAL AND HAZARDOUSWASTE
PUBLIC WATER SUPPLY X PETROLEUM STORAGE TANKS OCCUPATIONAL CERTIFICATION
SITE WHERE VIOLATION(S) OCCURRED: 4626 Yale Street, Houston, Harris County
TYPE OF OPERATION: Convenience store with retail sales of gasoline
SMALL BUSINESS:
X Yes
No
OTHER SIGNIFICANT MATTERS: There are no complaints. There are no other pending enforcement actions regarding this facility.
INTERESTED PARTIES: No one other than the ED and the Respondent has expressed an interest in this matter.
COMMENTS RECEIVED: The Texas Register comment period expired on February 25, 2008. No comments were received.
CONTACTS AND MAILING LIST:TCEQ Attorney: Mr. Gary K. Shiu, Litigation Division, MC R-12, (713) 422-8916TCEQ Enforcement Coordinator: Mr. Terry Murphy, Air Enforcement Section, MC 149, (512) 239-5025TCEQ Regional Contact: Ms. Nicole Bealle, Houston Regional Office, MC R-12, (713) 767-3623Respondent: Mr. Mohamed Ahmed Al Bataineh, Owner, Harvest Food Store, 11842 Stone Bridge,
Houston, Texas 77064Respondent's Attorney: Not represented by counsel.
RESPONDENT NAME: MOHAMED AHMED AL BATAINEH DBA HARVEST FOOD STORE Page 2 of 2DOCKET NO.: 2005-1241-PST-E
VIOLATION SUMMARY CHART:
VIOLATION INFORMATION PENALTY CONSIDERATIONS CORRECTIVE ACTIONSTAKEN/REQUIRED
Type of Investigation: Total Assessed: $1,050 Ordering Provisions
Complaint Total Deferred: $0 The Respondent's UST delivery certificate is-Routine revoked immediately upon the effective date of
Enforcement Follow-up SEP Conditional Offset: $0 this Order.
The Respondent may submit anX Records Review
Total Due to General Revenue: $1,050application for a new delivery certificate onlyafter the Respondent has complied with all of the
Dates of Complaints Relating to this Case:None This is.a Default Order. The Respondent
has not actually paid any of the assessed
requirements of this Order.
The Respondent shall undertake the followingDates of Investigations Relating to this Case:October 20, 2003, June 9, 2005 and July 12, 2005
penalty but will be required to do so underthe terms of this Order.
technical requirements:
1) Within 10 days, send in his UST deliveryDates of NOVs/NOEs Relating to this Case:October 20, 2003 (NOV)
Site Compliance History Classification:_ High X Average _ Poor
certificate to the TCEQ.
July 1, 2005 (NOE)Person Compliance History
2) Within 30 days:
Background Facts: Classification:High X Average _ Poor
a. Submit payment for all outstanding fees,including any associate penalties and interest ;
On March 28, 2006, the Executive Director filed theoriginal EDPRP against the Respondent. By letter dated Major Source: _ Yes X No
and
March 28, 2006, sent via certified mail, return receipt b. Submit written, notarized certification, andrequested, and via first class mail, the Executive Director Applicable Penalty Policy: include detailed supporting documentationserved the Respondent with notice of the EDPRP. The September 2002 that
demonstrates
acceptable
financialUnited States Postal Service returned the wrapper sent by assurance for taking corrective action and forcertified mail as "unclaimed". The first class mail has compensating third parties for bodily injurynot been returned, indicating that the Respondent and property damage caused by accidentalreceived notice of the EDPRP.
More than 20 days have elapsed since the Respondentreceived notice of the EDPRP. The Respondent failed tofile an Answer to the EDPRP, failed to request a hearing,and failed to schedule a settlement conference.
The Respondent in this case does not owe any otherpenalties
according
to
the
Administrative
PenaltyDatabase Report.
PST
1) Failed to demonstrate acceptable financial assurancefor taking corrective action and for compensating thirdparties for bodily injury and property damage caused byaccidental
Mohamed Ahmed Al Bataineh dba Harvest Food StoreRN10092506412-Houston Major/Minor Source Minor Source
CASE INFORMATIONNo. of Violations
Order TypeEnf./Case ID No.
Docket No.Media Program(s)
Multi-Media
26186 216602005-1241-PST-EDavid FloresPetroleum Storage Tank Enf. CoordinatorEnforcement Team 7EC's Team
Admin. Penalty $ Limit Minimum
$0
Maximum
$10,000
Penalty Calculation Section
TOTAL BASE PENALTY (Sum of violation base penalties)
Subtotal 1
$1,000
ADJUSTMENTS (+/-) TO SUBTOTAL 1Subtotals 2-7 are obtained by multiplying the Total Base Penalty (Subtotal I) by the indicated percentage.
Compliance History 5%Enhancement
Subtotals 2, 3, & 7The respondent received one NOV, dated 10/20/2003, for the same
violation.
The respondent does not meet the culpability criteria.
Good Faith Effort to Comply
Reduction
Subtotal 5Before NOV
NOV to EDPRP/Settlement Offer
Extraordinary
Ordinary
N/A
X
(mark with a small x)
Notes
The respondent has not achieved compliance.
Economic BenefitTotal EB Amounts
Approx. Cost of Compliance
$oSubtotal 41
$501
Notes
NoCulpability
Notes
0% Enhancement
$650
0% Enhancement'
Subtotal 6*Capped at the Total EB $ Amount
$0$683
SUM OF SUBTOTALS 1 7
OTHER FACTORS AS JUSTICE MAY REQUIREReduces or enhances the Final Subtotal by the indicated percentage. (Enter number only; e.g. -30 for -30%.)
Notes
STATUTORY LIMIT ADJUSTMENT
Final Subtotal
Adjustment
Final Penalty Amount
Final Assessed Penalty
$1,050
$1,050
$1,050
DEFERRAL 0% Reduction
AdjustmentReduces the Final Assessed Penalty by the indicted percentage. (Enter number only; e.g. 20 for 20% reduction.)
Notes
No deferral recomended due to failure to settle in a timely manner.
PAYABLE PENALTY
$1,050
Page unfV 02/12/08 H:\ENFORCE\GShiu\ENFORCEMENT CoaouxNokomodAhmed Al BatoinohdbaHarvest Food
Screening Date 14-Jul-2005
oc et o. 2 5-1241-PST-ERespondent Mohamed Ahmed Al Bataineh dba Harvest Food Store
Policy Revision 2 (September 2002)
Case ID No. 26186
PCW Revision May 19, 2005
Reg. Ent. Reference No. RN100925064Media [Statute] Petroleum Storage Tank
Enf. Coordinator David Flores
Compliance History Worksheet
Compliance History Site Enhancement (Subtotal 2)
Com ponent Number of..
Enter Number Here Ad ust.
NOVsWritten NOVs with same or similar violations as those in -the currentenforcement action (number of NOVs meeting criteria)Other written NOVs 0 0%
Orders
Any agreed final enforcement orders containing a denial of liability(number of orders meeting criteria) 0 0%
Any adjudicated final enforcement orders, agreed final enforcementwithout a denial of liability, or default orders of this state or the federalgovernment, or any final prohibitory emergency orders issued by thecommission
0 0%
Judgmentsand
ConsentDecrees
Any non-adjudicated final court judgments or consent decrees containinga denial of liability of this state or the federal government (number ofjudgements or consent decrees meeting criteria)
0 0%
Any adjudicated final court judgments and default judgments, ornon-adjudicated final court judgments or consent decrees without a denialof liability, of this state or the federal government
0 0%
ConvictionsAny criminal convictions
this state or the federal government (numberof counts) 0 0%
Letters notifying the executive director of an intended audit conductedunder the Texas Environmental, Health, and Safety Audit Privilege Act,74th Legislature, 1995 (number of audits for which notices were
0 0%
Disclosures of violaUons under the Texas Environmental, Health, and ----Safety Audit Privilege Act, 74th Legislature, 1995 (number of audits forwhich violations were disclosed)
-
0
-
0%
FPlease Enter Yes or No
Environmental management sys ems in Mace for one
more
No
0%Voluntary on-site compliance assessments conducted by the MaTe
No
0%O t her
director under a special assistance programParticipation in a voluntary pollution reduction program _No
I 0%Early compliance with, or offer of a product that meets future state or
No
0 0/(0
federal government environmental requirements
Adjustment Percentage (Subtotal 2)>
Repeat ,Violator (Subtotal-3)
Th"
^""""a"° / received one NOV a=-̂a1n^nnnox for the same
W/o
No
<l
Adjustment Percentage (Subtotal 3) F--6-,/o
|7)
Average Performer
'<I
Adjustment Percentage (Subtotal 7) IF-77764%
'~ Compliance History Summary
ComplianceHistory Notes
'-'--,----^-----'-" ' -'---'---'^
Total Adjustment Percentage (Subtotals 2, 3 & 7)
130 Tex. Admin. Code § 37.815(a) and (b)
Page 3 of 6 02/12/08 H:\ENFORCE\GShiu\ENFORCEMENT Cases\Mohamed Ahmed Al Bataineh dba Harvest Food-- Store\revisecLbataineh -pcw2.ap
Screening Date 14-Jul-2005
Docket No. 2005-1241-PST-E
PCWRespondent Mohamed Ahmed Al Bataineh dba Harvest Food Store
Policy Revision 2(September 2002)
Case ID No. 26186
PCW Revision May 19, 2005
Reg. Ent. Reference No. RN100925064
Media [Statute] Petroleum Storage Tank
Enf. Coordinator David FloresViolation Number
Primary Rule Cite(s)Secon iy RuleRule Citelsl
Violation Description
Failure to demonstrate acceptable financial assurance for takingcorrective action and for compensating third parties for bodily injury and
property damage caused by accidental releases arising from the operationof petroleum underground storage tanks.
Base Penalty $10,000
Environmental, Property and Human Health MatrixHarm
Moderate
Percent
-$9,0001
$1,000
Number of Violation Events 1
Violation Base Penalty) $1,000mark only oneuse a small x
daily
monthly
quarterly
semiannual
annual.snglz eventi
One single event is recommended for the one tank at the facility basedupon a record review conducted on 06/09/2005.
Economic Benefit (EB) for this violation
Estimated EB Amount $683
Statutory Limit Test
Violation Final Penalty Total $1,050
$1,0501This violation Final Assessed Penalty (adjusted for limits)
Page 4 of 6 02/12/08 H:\ENFORCE\GShiu\ENFORCEMENT Cases\Mohamed Ahmed Al Bataineh dba Harvest Food_.
StoreVevis "bats
w2-
-._Economic enemit orKsneet
Respondent Mohamed Ahmed Al Bataineh dba Harvest Food StoreCase ID No. 26186
Reg. Ent. Reference No. RN100925064Media [Statute] Petroleum Storage Tank
Violation No. 1"-Percent
InterestYears of
Depreciation15
Item
Date
Final
Yrs
Interest
Onetime
EB
Item
Cost
Required
Date
Saved
Costs
Amount
Description No commas or $
Ii
0.0 $0 $0 [l_ - -
,^
-
] I
_
]i
o.0 $0 $0 `
0$0
!^ _^I
JE_0o $0 $0 i
$0$0 $°
$0-- -__- jC -
_- 1 0.00.0 $0 n/a $00.0 $0 $0
!_-
JI -.00 $o $0_
0
ANNUALIZE [1] avoided.costs before entering item (except for one-time avoided costs)l-
The avoided costs include the estimated cost to provide financial assurance for oneunderground storage tank. Date required (08/04/2002) is one year prior to the initial request
to submit proof of financial assurance on 08/04/2003.
Approx. Cost of Compliance
$650
TOTAL .$683
Delayed CostsEquipment
Buildings
Other (as needed)
Engineering/constructionLand
Record Keeping System
Training/Sampling
Remed iation/Disposa lPermit Costs
Other (as needed)
Notes for DELAYED costs
Avoided CostsDisposal
Personnel
Inspection/Reporting/SamplingSupplies/equipment
Financial Assurance [2]ONE-TIME avoided costs [3]
Other (as needed)
Notes for AVOIDED costs
Page 5 of 6 02/12/08 H:\ENFORCE\GShiu\ENFORCEMENT Cases\Mohamed Ahmed Al Bataineh dba Harvest Food-Store\revisecL" ataineh:pcwt 9qwScreening Date 14 Jul-2005
DocKet No. 20015-1241-PST-E
PCWRespondent Mohamed Ahmed Al Bataineh dba Harvest Food Store
Policy Revision 2 (September 2002)
Case ID No.Reg. Ent. Reference No.
Media [Statute]Enf. Coordinator
Violation NumberPrimary Rule Cite(s)
Secondary Rule Cite(s)
Failed to pay outstanding Underground Storage Tank Registration late feefor TCEQ Financial Administration Account No. 0057887U as documented
during a record review conducted on July 12, 2005.
26186
RN100925064
Petroleum Storage Tank
David Flores
PCW Revision May 19, 2005
2
30 Tex. Admin. Code § 334.22(a)
Environmental, Property and Human Health MatrixHarm
Moderate
-$10,000
Violation Events
Base Penalty Subtotal $0
Number of Violation Events
mark only one
use a small x
dailymonthly
quarterlysemiannual
annual
single event
Violation Base Penalty $0
No additional administrative penalty was calculated for this violation aspenalties and interest will be assessed during the next billing cycle.
Economic Benefit (EB) for this violation
Statutory Limit Test
Estimated EB Amount
$0
Violation Final Penalty Total
$o
This violation Final Assessed Penalty (adjusted for limits)
$0
Page 6 of 6 02/12/08 HA ENFORCE\ GShiu \ENFORCEMENT Cases\Mohamed Ahmed Al Bataineh dba Harvest Food
Economic ene
or eetRespondent Mohamed Ahmed Al Bataineh dba Harvest Food StoreCase ID No. 26186
Reg. Ent. Reference No. RN100925064Media [Statute] Petroleum Storage Tank
Violation No. 2
ItemDescription
Item
Date
Final
Yrs
InterestCost
Required
Date
SavedNo commas or $
0erce nt
Years ofInterest
Depreciation5.o
15]Onetime
Costs
Amount
L-
II
j l
0.0 $0 $0
$0L 0.0
1-- .
$0 so!
$0$ 0
o.o $0 so
$0
.=L.
lf-
11 ====--, Il
0.0 $0 n/a $0n/a $0-
0 0$0$0
n/a
$0n/a
$0n/a $0[ Jr
1i 0.0 $C1[ 0.0 $0 n/a $0
No economic benefit associa ted with this vi olation.
II $o $o $o_0.0 $0
so$olso;
$o$o
_. o.o $o_
moo; $o1$o so! so
" "--L o.o so so! soL... o.o $o so
Approx. Cost of Compliance
$0
TOTAL
$0
Delayed CostsEquipment
BuildingsOther (as needed)
Engineering/constructionLand
Record Keeping SystemTraining/Sampling
Remediation/DisposalPermit Costs
Other (as needed)
Notes for DELAYED costs
Avoided CostsDisposal
PersonnelInspection/Reporting/Sampling
Supplies/equipmentFinancial Assurance [2]
ONE-TIME avoided costs [3]Other (as needed)
ANNUALIZE [I] avoided costs before entering item (except for one-time avoided costs)
Description: Failure to provide acceptable Financial Assurance.
F. Environmental audits.
N/A
G. Type of environmental management systems (EMSs).
N/A
H. Voluntary on-site•compliance assessment dates.
N/A
I. Participation in •a voluntary pollution reduction program.
N/A
J. Early compliance.
N/A
Sites. Outside of Texas
NIA .
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
IN THE MATTER OF ANENFORCEMENT ACTION
CONCERNINGMOHAMED AHMED AL
BATAINEH DBA HARVEST FOODSTORE,
RN100925064
BEFORE THE
TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY
DEFAULT ORDERDOCKET NO. 2005-1241-PST-E
At its agenda, the Texas Commission on Environmental Quality("Commission" or "TCEQ") considered the-Executive Director's Preliminary Report and Petitionfiled pursuant to TEx. WATER CODE chs. 5, 7, and 26, and the rules of the TCEQ, which requestsappropriate relief, including the revocation of the respondent's underground storage tank deliverycertificate, the imposition of an administrative penalty and corrective action of the respondent. Therespondent made the subject of this Order is Mohamed Ahmed Al Bataineh dba Harvest Food Store("Mr. Bataineh").
The Commission makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1.
Mr. Bataineh owns and/or operates a convenience store with retail sales of gasoline at 4626Yale Street in Houston, Harris County, Texas (the "Facility").
2. Mr. Bataineh's underground storage tanks ("USTs") are not exempt or excluded fromregulation under the Texas Water Code or the rules of the Commission. Mr. Bataineh'sUSTs contain a regulated substance as defined in the rules of the Commission.
3. During a records review conducted on June 9, 2005, a TCEQ Houston Regional Officeinvestigator documented that Mr. Bataineh failed to demonstrate acceptable financialassurance for taking corrective action and for compensating third parties for bodily injury andproperty damage caused by accidental releases arising from the operation of petroleumunderground storage tanks.
Mohamed Ahmed Al Bataineh dba Harvest Food StoreDOCKET NO. 2005-1241-PST-EPage 2
4. During a records review conducte• on u y -, - i i , a I Houston Regional Officeinvestigator documented that Mr. Bataineh failed to pay outstanding Underground StorageTank Registration late fees for TCEQ Financial Administration Account No. 0057887U.
5.
Mr. Bataineh received notice of the violations on or about July 6, 2005.
6. The Executive Director filed the "Executive Director's Preliminary Report and PetitionRecommending that the Texas Commission on Environmental Quality Enter an EnforcementOrder Assessing an Administrative Penalty Against and Requiring Certain Actions ofMohamed Ahmed Al Bataineh dba Harvest Food Store" (the "EDPRP") in the TCEQ ChiefClerk's office on March 28, 2006.
7. By letter dated March 28, 2006, sent via certified mail, return receipt requested, and via firstclass mail, postage prepaid, the Executive Director served Mr. Bataineh with notice of theEDPRP. The United States Postal Service returned the wrapper sent by certified mail as"unclaimed." The first class mail has not been returned, indicating that Mr. Batainehreceived notice of the EDPRP.
8. More than 20 days have elapsed since Mr. Bataineh received notice of the EDPRP, providedby the Executive Director. Mr. Bataineh failed to file an answer to the EDPRP, failed torequest a hearing, and failed to schedule a settlement conference.
CONCLUSIONS OF LAW
1.
As evidenced by Finding of Fact Nos. 1 and 2, Mr. Bataineh is subject to the jurisdiction ofthe TCEQ pursuant to TEx. WATER CODE chs. 5, 7, and 26 and the rules of the Commission.
2. As evidenced by Finding of Fact No. 3, Mr. Bataineh failed to demonstrate acceptablefinancial assurance for taking coiTective action and for compensating third parties for bodilyinjury and property damage caused by accidental releases arising from the operation of.petroleum underground storage tanks, in violation of 30 TEx. ADMIN. CODE § 37.815(a) and(b).
3. As evidenced by Finding of Fact No. 4, Mr. Bataineh failed to pay outstanding UndergroundStorage Tank Registration late fees for TCEQ Financial Administration Account No.0057887U, in violation of 30 TEx. ADMIN. CODE § 334.22(a) and TEx. WATER CODE § 5.702.
Mohamed Ahmed Al Bataineh dba Harvest Food StoreDOCKET NO. 2005-1241-PST-EPage 3
4. As evidenced by Finding of Fact Nos. 6 and 7, the Executive Director has timely served Mr.Bataineh with proper notice of the EDPRP, as required by TEx. WATER CODE § 7.055 and 30TEX. ADMIN. CODE § 70.104(c)(2).
5. As evidenced by Finding of Fact No. 8, Mr. Bataineh has failed to file a timely answer to theEDPRP, as required by TEx. WATER CODE § 7.056 and 30 TEx. ADMIN. CODE § 70.105.Pursuant to TEx. WATER CODE § 7.057 and 30 TEx. ADMIN. CODE § 70.106, the Commissionmay enter a Default Order against Mr. Bataineh and assess the penalty recommended by theExecutive Director.
6. Pursuant to TEx. WATER CODE § 7.051, the Commission has the authority to assess anadministrative penalty against Mr. Bataineh for violations of the Texas Water Code and theTexas Health and Safety Code within the Commission's jurisdiction; for violations of rulesadopted under such statutes; or for violations of orders or permits issued under such statutes.
7. An administrative penalty in the amount of one thousand fifty dollars ($1,050.00) is justifiedby the facts recited in this Order, and considered in light of the factors set forth in TEx.
WATER CODE § 7.053.
8.
TEX. WATER CODE §§ 5.102 and 7.002 authorize the Commission to issue orders and makedeterminations necessary to effectuate the purposes of the statutes within its jurisdiction.
9.
Pursuant to 30 TEx. ADMIN. CODE § 334.8(c)(6), the Commission has authority to revoke Mr.Bataineh's UST delivery certificate if the Commission finds that good cause exists.
10.
Good cause for revocation of Mr. Bataineh's UST delivery certificate exists as justified byFindings of Fact Nos. 3, 4, 5, 6, 7, and 8 and Conclusions of Law Nos. 2, 3, 4, and 5.
ORDERING PROVISIONS
NOW, THEREFORE, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITYORDERS that:
1. Mr. Bataineh is assessed an administrative penalty in the amount of one thousand fiftydollars ($1,050.00) for violations of TEX. WATER CODE chs. 5, 7, and 26 and rules of theTCEQ. The payment of this administrative penalty and Mr. Bataineh's compliance with allthe terms and conditions set forth in this Order completely resolve the matters set forth bythis Order in this action. The Commission shall not be constrained in any manner from
Mohamed Ahmed Al Bataineh dba Harvest Food StoreDOCKET NO. 2005-1241-PST-EPage 4
requiring corrective actions or penalties for other violations which are not raised here. Allchecks submitted to pay the penalty imposed by this Order shall be made out to the "TexasCommission on Environmental Quality." The administrative penalty assessed by this Ordershall be paid within 30 days after the effective date of this Order and shall be sent with thenotation "Re: Mohamed Ahmed Al Bataineh dba Harvest Food Store; Docket No. 2005-1241-PST-E" to:
Financial Administration Division, Revenues SectionAttention: Cashier's Office, MC 214Texas Commission on Environmental QualityP.O. Box 13088Austin, Texas 78711-3088
2. Mr. Bataineh's UST delivery certificate is revoked immediately upon the effective date ofthis Order. Mr. Bataineh may submit an application for a new delivery certificate only afterMr. Bataineh has complied with all of the requirements of this Order.
3.
Within 10 days after the effective date of this Order, Mr. Bataineh shall send his USTdelivery certificate to:
Order Coinpliance TeamEnforcement Division, MC 149ATexas Commission on Environmental QualityP. O. Box 13087Austin, Texas 78711-3087
4.
Mr. Bataineh shall undertake the following technical requirements:
a.
Within 30 days after the effective date of this Agreed Order, Mr. Bataineh shall:
i. submit payment for all outstanding fees, including any associated penaltiesand interest and with the notation, "Mohamed Ahmed Al Bataineh, PSTFacility Identification No., 56836," to:
Financial Administration Division, Revenues SectionAttention: Cashier's Office, MC 214Texas Commission on Environmental QualityP.O. Box 13088Austin, Texas 78711-3088
Mohamed Ahmed Al Bataineh dba Harvest Food StoreDOCKET NO. 2005-1241-PST-EPage 5 -
ii. submit written certification as described below, and include detailedsupporting documentation that demonstrates acceptable financial assurance fortaking corrective action and for compensating third parties for bodily injuryand property damage caused by accidental releases arising from the operationof petroleum underground storage tanks in accordance with 30 TEx. ADMIN.
CODE § 37.815(a) and (b).
The certification shall be notarized by a State of Texas Notary Public andinclude the following certification language:
"I certify under penalty of law that I have personally examined and amfamiliar with the information submitted and all attached documents, and thatbased on my inquiry of those individuals immediately responsible forobtaining the information, I believe that the submitted information is true,accurate and complete. I am aware that there are significant penalties forsubmitting false information, including the possibility of fine andimprisonment for knowing violations."
The certification shall be submitted to:
Mr. Rob Norris, Senior Financial AnalystFinancial Assurance Unit, MC 184Texas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087
with a copy to:
Work LeaderTeam 5, Section IIIEnforcement Division, MC 149Texas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087
5.
All relief not expressly granted in this Order is denied.
6. The provisions of this Order shall apply to and be binding upon Mr. Bataineh. Mr. Batainehis ordered to give notice of this Order to personnel who maintain day-to-day control over thefacility operations referenced in this Order.
Mohamed Ahmed Al Bataineh dba Harvest Food StoreDOCKET NO. 2005-1241-PST-EPage 6
7. The Executive Director may grant an extension of any deadline in this Order or in any plan,report, or other document submitted pursuant to this Order, upon a written and substantiatedshowing of good cause. All requests for extensions by Mr. Bataineh shall be made in writingto the Executive Director. Extensions are not effective until Mr. Bataineh receives writtenapproval from the Executive Director. The determination of what constitutes good causerests solely with the Executive Director.
8. The Executive Director may refer this matter to the Office of the Attorney General of theState of Texas ("OAG") for further enforcement proceedings without notice to Mr. Batainehif the Executive Director determines that Mr. Bataineh has not complied with one or more ofthe tenns or conditions in this Order.
9.
This Order shall terminate five years from its effective date or upon compliance with all theteens and conditions set forth in this Order, whichever is later.
10. The Chief Clerk shall provide a copy of this Order to each of the parties. By law, theeffective date of this Order shall be the date the Order is final, as provided by 30 TEx. ADMIN.CODE § 70.106(d) and TEx. Gov'T CODE § 2001.144.
Mohamed Ahmed Al Bataineh dba Harvest Food StoreDOCKET NO. 2005-1241-PST-EPage 7
SIGNATURE PAGE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
For the Commission
AFFIDAVIT OF GARY K. SHIU
COUNTY OF TRAVIS
"My name is Gary K. Shiu. I am of sound mind, capable of making this affidavit, and thefacts stated in this affidavit are within my personal knowledge and are true and correct.
On behalf of the Executive Director of the Texas Commission on Environmental Quality, the"Executive Director's Preliminary Report and Petition Recommending that the Texas Commissionon Environmental Quality Enter an Enforcement Order Assessing an Administrative Penalty Againstand Requiring Certain Actions of Mohamed Ahmed Al Bataineh dba Harvest Food Store" (the"EDPRP") was filed with the Office of the Chief Clerk on March 28, 2006.
The EDPRP was sent to Mr. Bataineh at his last known address on March 28, 2006 viacertified mail, return receipt requested, and via first class mail, postage prepaid. The United StatesPostal Service returned the wrapper sent by certified mail as "unclaimed." The first class mail hasnot been returned, indicating the respondent received notice of the EDPRP, in accordance with 30TEX. ADMDN. CODE § 70.104(c)(2).
More than 20 days have elapsed since Mr. Bataineh received notice of the EDPRP. Mr.Bataineh failed to file an answer to the EDPRP, failed to request a hearing, and failed to schedule asettlement conference."
Gary K. ShiuAttorneyTexas Commission on Environmental Quality
Before me, the undersigned authority, on this day personally appeared Gary K. Shin, knownto me to be the person whose name is subscribed to the foregoing instrument and acknowledged tome that he executed the same for the purposes and consideration herein expressed.
'rnGiven under my hand and seal of office this day of J &n U0.. N A.D., 2008.
